Regular Meeting of Council (Planning)

the Council for the Municipality of Middlesex Centre adjourn to closed session at 4:11 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(a) the security of the property of the municipality or local board; Section 239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; Section 239 (2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;

the Council for the Municipality of Middlesex Centre receives the Bear Creek Drain Report from Mike DeVos of Spriet Associates dated September 30, 2020 and authorizes that the project proceed; AND THAT the Court of Revision will meet on January 5th 2021; AND FURTHER THAT Councillor Heffernan, Councillor Shipley, and Mayor DeViet be appointed to sit as the members of the Court of Revision with Mayor DeViet being the Chair.

the minutes of the Middlesex Centre Council meeting held on November 10, 2021 be adopted as printed.

the minutes of the Middlesex Centre Council meeting held on November 17, 2021 be adopted as printed.

Consent items 7.1 as well as items 7.3 through 7.7 listed on the November 24, 2021 Council Agenda be adopted as recommended.

Item 7.2 re: CPS-56-2021 Write off of taxes under Section 354 (4) of the Municipal Act 2001 be

report CPS-56-2021 regarding write off of taxes under Section 354(3) of the Municipal Act, 2001 be received; AND THAT the taxes amounting to $730.60 be written off pursuant to the provisions of Section 354(3) of the Municipal Act, 2001.

report CPS-55-2021, the Capital Budget 2022 presentation be received.

Report PWE 41-2021, re: 2022 Water, Wastewater and Stormwater Rate Proposal be received; AND THAT the 2022 water rates remain unchanged from the 2021 water rate; AND FURTHER THAT the 2022 wastewater and stormwater rates be increased 2% over the 2021 wastewater and stormwater rates.

Report PWE 42-2021 Coldstream Dam Decommissioning Study Request for Funding be received; AND THAT the funding request from the St. Clair Region Conservation Authority be approved in the amount of $10,000 as a contribution towards infrastructure funded through the Ministry of Natural Resources and Forestry’s Water and Erosion Control Infrastructure capital cost share program; AND FURTHER THAT staff be directed to prepare correspondence and issue payment to the above noted organization upon confirmation that SCRCA receives approval of the WECI program funding application through the Ontario government.

Zoning By-law Amendment ZBA-10-2021, as amended, for the property legally known as Plan 673 Lot 21 to 22 and municipally as 14375 Medway Road, filed by Matthew Thompson, be APPROVED.

Council adjourn its regular meeting in order to sit as a Committee of Adjustment under Section 45 of The Planning Act, as amended, to consider the Minor Variance applications listed on the November 24, 2021 Agenda.

Minor Variance Application A-39/2021, filed by Denis Basic, for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 50.2 square metres (540 square feet) or 5.8 percent lot coverage for all accessory buildings, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 132, Plan 33M761, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 69 Locky Lane, be GRANTED, subject to the following condition. THAT the design of the proposed accessory building and location be substantially in accordance with the plans attached to this report and decision. AND THAT the reasons for granting Minor Variance Application A-39/2021: The request complies with the general intent and purpose of Middlesex Centre’s Official Plan; The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law; The request is minor in nature; and The request represents appropriate development on the subject property.

Minor Variance Application A-35/2021, filed by Shane and Ashley Hanna, for relief from the Comprehensive Zoning By-law in order to establish a north interior side yard setback of 0.6 metres (2 feet) and rear yard setback of 0.6 metres (2 feet) for an accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum interior side yard and rear yard setback for an accessory building of 1.5 metres (4.9 feet); and to permit a maximum size of 29.02 square metres (312 square feet) or 5.4 percent lot coverage for the accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 15, Plan 33M513 in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 78 Woodlily Lane, be GRANTED; AND THAT the reasons for granting Minor Variance Application A-35/2021: The request complies with the general intent and purpose of Middlesex Centre’s Official Plan; The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law; The request is minor in nature; and The request represents appropriate development on the subject property.

Minor Variance Application A-36/2021, filed by Matt Campbell on behalf of Eddie and Kimberly Hunter, for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 315 square metres (3390.6 square feet) or 3 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 165.0 square metres (1,776 square feet) of gross floor area or 3 percent lot coverage, for lots larger than 5,000 square metres (1.25 acres), for a property legally described as Part of Lot 25, Concession 6, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 13285 Medway Road, be GRANTED; subject to the following conditions: THAT the development of an accessory structure to the maximum size of 315 square metres shall be in accordance with the proposed site plan; AND THAT the height of the proposed addition to the accessory building shall not in any way exceed the height of the existing structure, and will continue to be subject to the height limitations of section 4.1 c); AND THAT the addition to the existing accessory structure shall be built substantially in accordance with the appearance of the existing building; AND THAT the Owner warrants that the accessory building shall only be used for the explicit purpose of storage related to the residence on the lands and shall not contain a dwelling unit or home occupation / commercial or industrial use; AND TH

Minor Variance Application A-37/2021, filed by Paul and Pam Casaceli, for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 208 square metres (2238.9 square feet) or 4.9 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 110.0 square metres (1,184 square feet) of gross floor area or 3 percent lot coverage, for a property legally described as Part of Lot 8, Concession 7, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 10306 Sinclair Drive, be GRANTED; subject to the following conditions: AND THAT the addition to the existing accessory structure shall be built substantially in accordance with the appearance of the existing building and as shown in the attached plans; AND THAT the height of the proposed addition to the accessory building shall not in any way exceed the height of the existing structure, and will continue to be subject to the height limitations of section 4.1 c); AND THAT the Owner warrants that the accessory building shall only be used for the explicit purpose of storage related to the residence on the lands and shall not contain a dwelling unit or home occupation / commercial or industrial use; AND THAT the accessory building shall not exceed the size of the single detached dwelling. AND FURTHER THAT the reasons for approving Minor Variance Application A-37/2021 include: The request i

Minor Variance Application A-38/2021, filed by Jason Lindenfield, for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 71.3 square metres (767.4 square feet) or 4.3 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 55.0 m2 (592 ft2) or 3 percent lot coverage, for a property legally described as Part of Lot 10, Concession 6 N, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 15053 Medway Road, be GRANTED; subject to the following conditions: AND THAT the accessory building shall not exceed the size of the single detached dwelling. AND FURTHER THAT the reasons for approving Minor Variance Application A-38/2021 include: The request is considered to comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law and Official Plan; The request is considered to be minor in nature, subject to the conditions listed in this report; and The request represents appropriate development on the subject property, subject to the conditions listed in this report.

the Correspondence item 11.1 be received as information.

By-Laws 2021-107 through 2021-111 be adopted as printed.

the Council for the Municipality of Middlesex Centre adjourns the November 24, 2021 Council meeting B at 8:12 p.m.

THAT the Council for the Municipality of Middlesex Centre adjourn to closed session at 4:11 p.m. pursuant to Section 239 (2) of the Municipal Act, 2001, as amended to discuss the following matters: Section 239 (2)(a) the security of the property of the municipality or local board; Section 239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board; Section 239 (2)(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;

THAT the Council for the Municipality of Middlesex Centre receives the Bear Creek Drain Report from Mike DeVos of Spriet Associates dated September 30, 2020 and authorizes that the project proceed; AND THAT the Court of Revision will meet on January 5th 2021; AND FURTHER THAT Councillor Heffernan, Councillor Shipley, and Mayor DeViet be appointed to sit as the members of the Court of Revision with Mayor DeViet being the Chair.

THAT the minutes of the Middlesex Centre Council meeting held on November 10, 2021 be adopted as printed.

THAT Consent items 7.1 as well as items 7.3 through 7.7 listed on the November 24, 2021 Council Agenda be adopted as recommended.

THAT report CPS-56-2021 regarding write off of taxes under Section 354(3) of the Municipal Act, 2001 be received; AND THAT the taxes amounting to $730.60 be written off pursuant to the provisions of Section 354(3) of the Municipal Act, 2001.

THAT report CPS-55-2021, the Capital Budget 2022 presentation be received.

THAT Report PWE 41-2021, re: 2022 Water, Wastewater and Stormwater Rate Proposal be received; AND THAT the 2022 water rates remain unchanged from the 2021 water rate; AND FURTHER THAT the 2022 wastewater and stormwater rates be increased 2% over the 2021 wastewater and stormwater rates.

THAT Report PWE 42-2021 Coldstream Dam Decommissioning Study Request for Funding be received; AND THAT the funding request from the St. Clair Region Conservation Authority be approved in the amount of $10,000 as a contribution towards infrastructure funded through the Ministry of Natural Resources and Forestry’s Water and Erosion Control Infrastructure capital cost share program; AND FURTHER THAT staff be directed to prepare correspondence and issue payment to the above noted organization upon confirmation that SCRCA receives approval of the WECI program funding application through the Ontario government.

THAT Zoning By-law Amendment ZBA-10-2021, as amended, for the property legally known as Plan 673 Lot 21 to 22 and municipally as 14375 Medway Road, filed by Matthew Thompson, be APPROVED.

THAT Minor Variance Application A-39/2021, filed by Denis Basic, for relief from the Comprehensive Zoning By-law in order to establish a maximum size of 50.2 square metres (540 square feet) or 5.8 percent lot coverage for all accessory buildings, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 132, Plan 33M761, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 69 Locky Lane, be GRANTED, subject to the following condition. THAT the design of the proposed accessory building and location be substantially in accordance with the plans attached to this report and decision. AND THAT the reasons for granting Minor Variance Application A- 39/2021:  The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;  The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;  The request is minor in nature; and  The request represents appropriate development on the subject property.

THAT Minor Variance Application A-35/2021, filed by Shane and Ashley Hanna, for relief from the Comprehensive Zoning By-law in order to establish a north interior side yard setback of 0.6 metres (2 feet) and rear yard setback of 0.6 metres (2 feet) for an accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law requires a minimum interior side yard and rear yard setback for an accessory building of 1.5 metres (4.9 feet); and to permit a maximum size of 29.02 square metres (312 square feet) or 5.4 percent lot coverage for the accessory building, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 50.0 m2 (538.0 ft2) of gross floor area or three percent (3%) lot coverage, for a property legally described as Lot 15, Plan 33M513 in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 78 Woodlily Lane, be GRANTED; AND THAT the reasons for granting Minor Variance Application A- 35/2021:  The request complies with the general intent and purpose of Middlesex Centre’s Official Plan;  The request complies with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law;  The request is minor in nature; and  The request represents appropriate development on the subject property.

THAT Minor Variance Application A-36/2021, filed by Matt Campbell on behalf of Eddie and Kimberly Hunter, for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 315 square metres (3390.6 square feet) or 3 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 165.0 square metres (1,776 square feet) of gross floor area or 3 percent lot coverage, for lots larger than 5,000 square metres (1.25 acres), for a property legally described as Part of Lot 25, Concession 6, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 13285 Medway Road, be GRANTED; subject to the following conditions: THAT the development of an accessory structure to the maximum size of 315 square metres shall be in accordance with the proposed site plan; AND THAT the height of the proposed addition to the accessory building shall not in any way exceed the height of the existing structure, and will continue to be subject to the height limitations of section 4.1 c); AND THAT the addition to the existing accessory structure shall be built substantially in accordance with the appearance of the existing building; AND THAT the Owner warrants that the accessory building shall only be used for the explicit purpose of storage related to the residence on the lands and shall not contain a dwelling unit or home occupation / commercial or industrial use; A

THAT Minor Variance Application A-37/2021, filed by Paul and Pam Casaceli, for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 208 square metres (2238.9 square feet) or 4.9 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 110.0 square metres (1,184 square feet) of gross floor area or 3 percent lot coverage, for a property legally described as Part of Lot 8, Concession 7, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 10306 Sinclair Drive, be GRANTED; subject to the following conditions: AND THAT the addition to the existing accessory structure shall be built substantially in accordance with the appearance of the existing building and as shown in the attached plans; AND THAT the height of the proposed addition to the accessory building shall not in any way exceed the height of the existing structure, and will continue to be subject to the height limitations of section 4.1 c); AND THAT the Owner warrants that the accessory building shall only be used for the explicit purpose of storage related to the residence on the lands and shall not contain a dwelling unit or home occupation / commercial or industrial use; AND THAT the accessory building shall not exceed the size of the single detached dwelling. AND FURTHER THAT the reasons for approving Minor Variance Application A-37/2021 include:  The re

THAT Minor Variance Application A-38/2021, filed by Jason Lindenfield, for relief from the Comprehensive Zoning By-law in order to establish a maximum size for all accessory buildings on the land of 71.3 square metres (767.4 square feet) or 4.3 percent lot coverage, whereas the Middlesex Centre Comprehensive Zoning By-law permits a maximum size of the lesser of 55.0 m2 (592 ft2) or 3 percent lot coverage, for a property legally described as Part of Lot 10, Concession 6 N, in the Municipality of Middlesex Centre, County of Middlesex, and Municipally known as 15053 Medway Road, be GRANTED; subject to the following conditions: AND THAT the accessory building shall not exceed the size of the single detached dwelling. AND FURTHER THAT the reasons for approving Minor Variance Application A-38/2021 include:  The request is considered to comply with the general intent and purpose of Middlesex Centre’s Comprehensive Zoning By-law and Official Plan;  The request is considered to be minor in nature, subject to the conditions listed in this report; and  The request represents appropriate development on the subject property, subject to the conditions listed in this report.

THAT the Correspondence item 11.1 be received as information.

THAT By-Laws 2021-107 through 2021-111 be adopted as printed.

THAT the Council for the Municipality of Middlesex Centre adjourns the November 24, 2021 Council meeting B at 8:12 p.m.